The Social Function Of Land In Liberal And Islamic Law Perspective
Nur Adhim (a), Sukirno (b), Muh. Afif Mahmud (c)
a) Lecturer in Law Faculty, Diponegoro University, Semarang.
nuradhimundip[at]gmail.com
b) Lecturer in Law Faculty, Diponegoro University, Semarang
c) Student of Law Science Doctoral Program, Diponegoro University, Semarang
Abstract
Land has vital role in man life to be utilized and used for his viability. Land use and utilisation must consider its social function. The purpose of this research to describe philosophy of land ownership in liberalism and islamic law perspective. This research use conceptual and comparative approach. This research use secondary data. Collected data is analyzed based on interactive model as stated by Matthew B. Miles and Michael C. Hubberman. This research shows that philosophy of land social function in liberalism perspective put emphasize the importance of individual ownership and his freedom in using and utilizing it without considering its social impact. In this perspective, land ownership is purpose and meaning of life. It is different from islamic law perspective which allow individual need but its use is limited by social, morality and spiritual aspect (liability to God Almighty).
Keywords: Social Function; Liberalism; Islamic Law
Topic: Law perspectives and Islamic law